Though I believe they should lose their member, it wouldn't do any good. R@pe is about power. The perpetrator would just gain power by using other things. Then you run into the problem of the r@pist being a female. How would you castrate her? I think if they r@pe a second time... Put them in general population at a prison. The inmates will gladly raise their hand to take out the trash.
If castration was the known standard sentence for rape, think of the deterrent factor it would be. Failing that, a long prison stint cast down among the sodomites would be appropriate.
Why twice?
The problem with that, is the same problem as the death penalty.
How do you make someone you punished ... Who is later proven to be innocent ... "whole" again?
At least if you jail someone who is innocent, you can release them.
But if you kill or maim them, you can't take that back.
I heard Sam Harris talk about a Serial Killer and his pattern of Killing.
It went similar to this - If we found a tumor on a man's brain, that was the obvious problem and reason why he was killing, would we not remove it? So, once this man has the Tumor removed and his thirst for killing is gone, what then? If he had no control over what the tumor was making him do, then do we still hold him accountable? How much more of a problem is this when there is no tumor, and it more a factor of Genetics, Environment and Experiences that has created this killing machine?
How do we "Fix" this individual from years of slowly becoming what they are today from any one or all three of those contributing factors? Rape falls into the same framework . . . Do we exorcise them this person from society to protect the rest of society?
Castration seems to cite the "Penis" as the perpetrator of the transgression . . . It would be more appropriate to lobotomize the individual or simply "Put them Down" . . . . This is not an act simply born from an erection but one by mentally unstable person . . . Wouldn't you agree?
So what IS the final answer? Jail, Death or brain surgery?
You are of course asking whether this punishment would be appropriate in the circumstances you mention.
As a punishment, I'm not sure; but as a solution to whether he might ever commit that crime a 3rd time---it would certainly work.
In doing a little research before posting an answer, I came across the following with regard to murder vs manslaughter:
But although justice systems are founded on the idea that a person must be held responsible for his or her crimes, such as wrongfully causing the death of another, they also hold that an offender must not be punished more than he or she deserves. Because killings take place in vastly differing circumstances, that requires a nuanced law covering homicide.
And at the moment, I have not come to an ethical or philosophically sustainable position that I can post.
Perhaps I will in the future. At the moment, I am glad I am not on any committee formed for the purpose of composing an answer to what is a good question.
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